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School knife ban 'discriminatory'

Daniel Hurst

A ban on carrying knives at school discriminates against members of the Sikh religion, according to Queensland's Anti-Discrimination Commission.

The Sikh religion requires baptised members to carry a kirpan, a small blunted sword, under their clothing.

The Weapons Act bans people from carrying knives in public places or schools unless they have a reasonable excuse.

Planned changes to the law will clarify that this reasonable excuse exception includes “genuine religious purposes”, with Sikhs allowed to carry the ornamental sword in public.

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However, the government has made it clear the religious excuse will not apply in schools as the safety of children is “of paramount importance”.

Queensland Anti-Discrimination Commissioner Kevin Cocks has raised concern over the total ban on knives in schools in a submission to a parliamentary committee.

“The 'reasonable excuse' exception has not been extended to the physical possession of a knife for genuine religious purposes in a school,” Mr Cocks wrote in a submission tabled in Parliament today.

“This has the effect of discriminating against students, teachers, contractors and members of the school community who are of a religion that requires the carrying a knife, such as the Sikh religion.

“It means that people of the Sikh religion cannot be teachers, or perform other work, or attend schools in Queensland, unless they compromise their religion.”

Mr Cocks said discrimination on the basis of religious belief or activity was unlawful under the Anti-Discrimination Act.

He argued the government had provided no evidence any school knife attacks had involved a kirpan or other religious knife.

Mr Cocks' submission said Police Minister Neil Roberts should “clarify and expand on the reasons for not extending the 'reasonable excuse' exception for genuine religious purposes to schools”.

According to explanatory notes accompanying the proposed bill, Education Queensland policies already ban students from bringing knives or weapons to school.

The explanatory notes defend the possible breach with anti-discrimination rules.

“While the potential breach has the capacity to interfere with an individual's freedom to undertake genuine religious practices, the safety and welfare of children attending Queensland schools is of paramount importance,” the notes say.

“In March 2011, a student was stabbed in the stomach with a knife at a Gold Coast school while attending the school's administration building.”

The notes also point out that restrictions on the possession of knives already exist on commercial flights, with Sikhs required to place the knife in checked luggage.

The Scrutiny of Legislation Committee has invited the minister to provide more information on whether the wording of the bill “would have sufficient regard to rights of individuals to freedom of belief and religion”.

81 comments so far

Religion should have no part in schools planning policies in a secular state. However, I don't see how an ornamental dagger, carried in a turban is any more dangerous than a steel ruler, a stanley knife, or a sharp pencil. Surely a ban is not really going to solve the problem. I would have thought that a student who is capable of stabbbing someone would pay little attention to a school rule. A policy like this one sounds more like schools ensuring they avoid litigation.

Commenter

Danny Brown

Location

Brisbane

Date and time

May 23, 2011, 12:56PM

If practicing your religious beliefs is of such importance to you, go to a country where this religion is native. If you go to live in another country you must follow that country's laws and rules. If I go to live in Iran, for instance, I would expect to abide by their laws and customs. The same should apply here. It's ridiculous that we are making so many exceptions these days. If you don't like our laws there are plenty of other countries to go to.

Commenter

Snapper

Location

Brisbane

Date and time

May 23, 2011, 1:03PM

This is political correctness gone mad, a knife is a knife is a knife, there is no place for one at a school or in public regardless of your religious beliefs. Next someone wil tell me that a .357 magnuim is ok to carry if you're a member of a certain religious sect.

Commenter

DenisS

Location

Brisbane

Date and time

May 23, 2011, 1:05PM

OMFG, this is all wrong.....I am in no way religious but I am pretty sure that Australia is a christian nation and anybody considering coming to Australia needs to keep that in mind.

Things are waaaaay out of control and we should not accomodate things like this anymore.....

Commenter

bearbloke32

Location

Brisbane

Date and time

May 23, 2011, 1:11PM

There should absolutely not be any form of a weapon allowed into our school systems. Chilldren should leave all religious upbringing at home with their parents. Nor should there be any form of religious covering allowed. Something as simple as a Paper Plane can take out the eye, not to mention what a sling shot can do.

Commenter

petcol

Location

Nudgee

Date and time

May 23, 2011, 1:15PM

"...people of the Sikh religion cannot be teachers... unless they compromise their religion."

Their religion, just like any other religion, should be subservient to the law of the nation. Why should their demand to carry a weapon override my desire not to have an armed man in the classroom with my kids?

Commenter

Julia

Location

Brisbane

Date and time

May 23, 2011, 1:18PM

@bearbloke32 Australia is not a christian nation, this is what is at the root of all these issues. It's about time that Australia DID become a christian nation and enshrine that in the consitution, that way any ban on religious clothing that wasn't christian (in accordance with the new consistution) would be upheld by the courts.

Commenter

Mark

Location

Sydney

Date and time

May 23, 2011, 1:22PM

It's funny, that once again our old fashioned Australian values are about to be trodden on and dismissed - all in the name of religion. By old fashioned values I mean, a safe place to work, a safe place to live and learn, equality in our community. I thought that kowtowing to extreme political correctness had subsided somewhat. But given the views of the Qld Anti-Discrimination Commissioner, Kevin Cocks - I see that it hasn't. If Australian values like a BBQ, a beer, a bit of slang and maybe the odd swear word, even calling a spade a spade - if these were part of an Australian religion, what then? Would we be able to live the way we want? A spade is a spade and yes a kirpan is a knife. Ban it from schools and move on. Living in Australia as citizen or guest is a privilege, not a right. The world has many have different countries, cultures, languages, foods and yes - different religions. This doesn't mean we need to accommodate all of this here in Australia. Unfortunately, and quite frankly, it seems today that being an Australian in Australia means to put aside the values that we hold dear, to make way for the values that others, from other countries hold dear. As I said, isn't this why we have different countries?

Commenter

BM

Location

Brisbane

Date and time

May 23, 2011, 1:27PM

keep religion out of school. Knives should be banned. no ifs or buts.

Commenter

Pat

Location

Brisbane

Date and time

May 23, 2011, 1:29PM

Snapper - your comments are actually racist. Consider an Australian citizen (either by birth or immigration) who follows the Sikh religion. They *are* Australian and they *are* in their country.